Benefit Plans: Upcoming Compliance Deadlines and End of Year Planning

Provided below is a non-exhaustive list of quickly approaching employee benefits deadlines for 401(k) plans and health and welfare plans in the fall of 2017 and early 2018. The deadlines below are generally for calendar year plans, unless otherwise specified.

Retirement Plan Deadlines:

December 2

Distribute the following notices, as applicable, by December 2, 2017:

Traditional 401(k) Safe Harbor Notice

Qualified Automatic Contribution Arrangement (QACA) Notice

Eligible Automatic Contribution Arrangement (EACA) Notice

Non Safe-Harbor Automatic Contribution Arrangement Notice

Qualified Default Investment Alternatives (QDIA) Notice

Determine when the annual participant fee disclosure was last provided and timely provide the disclosure. The annual participant fee disclosure is required every 14 months. Many employers provide this disclosure on or before the end of the year along with other year end notices.

December 16

Provide summary annual report (SAR) to participants if the 2016 Form 5500 was filed by extension on or before October 16, 2017. For non-calendar year plans, the SAR must be provided two months after the Form 5500 was filed, including by approved extension.

December 31

Adopt any discretionary amendments implemented during the plan year.

Ensure all required minimum distributions have been paid to applicable participants.

January 2018

Provide non-discrimination testing census data to the record keeper or Third Party Administrator (TPA).

March 15, 2018

Make sure TPA has completed non-discrimination testing, and distribute any excess contributions, in order to avoid excise taxes.

April 16, 2018

Distribute any excess contributions and related earnings from prior year.

Make any employer contributions to retirement plan(s) in order to receive tax deduction (plus extensions).

Health and Welfare Plan Deadlines:

November 1

If the plan's open enrollment is approaching, fix the starting and ending dates for open enrollment and prepare and distribute enrollment materials such as the Summary of Benefits and Coverage.

Marketplace/Exchange open enrollment begins.

November 15

If the plan is a self-funded health plan, submit the Transitional Reinsurance Program (TRP) Annual Enrollment and Contributions Submission Form, reporting the annual enrollment count and selecting a payment schedule. If the Plan elected in 2016 to pay the TRP fee in two installments, the second payment is also due by November 15, 2017.

December 15

Open enrollment for the Marketplace/Exchange coverage ends.

December 16

Provide summary annual report (SAR) to participants if the 2016 Form 5500 was filed by extension on or before October 16, 2017. For non-calendar year plans the SAR must be provided two months after the Form 5500 was filed, including by approved extension.

December 31

Provide the following annual notices, as applicable, by December 31, 2017:

Children's Health Insurance Program (CHIP)

Women's Health and Cancer Rights Act (WHCRA)

HIPAA Notice of Privacy Practices (at least every three years)

Many plan sponsors provide these notices with the annual open enrollment materials.

January 31, 2018

If the employer is subject to the ACA employer mandate, provide full-time employees with an IRS Form 1095-C documenting 2017 health coverage.

February 28 (March 31, if filing electronically)

If the employer is subject to the ACA employer mandate, file Form 1094-C and Forms 1095-C with the IRS.

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